Chapter VI
IMPLEMENTATION
Article 29. Entry into force
This Decree comes into force as of the date of signing.
Article 30. Grandfather clause
1. The term of office of the President of the People's Committee of a ward before July 1, 2021 shall be counted towards the term of office of the President of the ward as specified in Clause 2, Article 21 of this Decree.
2. From July 1, 2021, the Presidents, Vice Presidents of wards and commune-level officials who are elected or recruited before July 1, 2021 may be changed into officials working in the wards they are working; in case of moving to a new job position, the official must ensure the conditions and standards suitable to that job position.
The Division of Home Affairs of district or district-level town shall review the records of the commune-level officials working at the People’s Committee of ward to report to the President of district or district-level town. Upon a written appraisal issued by the Department of Home Affairs of Hanoi City, the President of district or district-level town shall issue a decision to move the commune-level official working at the People’s Committee of ward into a public employee on the payroll of the People’s Committee of district or district-level town.
The appointment of grade and salary adjustment for officials working at the People’s Committee of ward shall be submitted in writing by the President of district or district-level town to the Department of Home Affairs of Hanoi City for consideration and decision or to submit to competent authorities for consideration and decision as per the law.
3. The People's Committee of Hanoi City is responsible for formulating plans for training and retraining of ward officials to meet official standards and job requirements.
Article 31. Placement, arrangement, and provision of benefits and policies for the President, Vice President of the People's Council, People's Committee of ward and specialized officials of ward
1. The People's Council and the People's Committee of Hanoi City shall direct the placement, arrangement, and settlement of benefits and policies for:
a) The Presidents, Vice Presidents of the People's Councils of wards;
b) Those who are the Presidents, Vice Presidents of the People's Committees of wards but are not appointed as President or Vice Presidents of wards upon implementation of Resolution 97/2019/QH14 and this Decree.
2. The commune-level officials specified in Clause 1 of this Article and the commune-level officials working in the ward, when they are not changed into officials, shall be eligible for the benefits and policies according to the provisions of Guideline No. 27-HD/BTCTW dated December 20, 2019 of the Central Committee on guidelines for the implementation of policies and benefits for officials who quit re-election at the Party, authorities, Vietnam Fatherland Front and political-communal organizations, associations at all levels; Decree No. 26/2015/ND-CP dated March 9, 2015 of the Government on benefits and policies for officials who do not meet the age conditions for re-election and re-appointment to hold positions according to tenure in agencies of the Communist Party of Vietnam, the State, socio-political organizations; Decree No. 108/2014/ND-CP dated November 20, 2014 of the Government on policy of downsizing staffing; Decree No. 113/2018/ND-CP dated August 31, 2018 of the Government on amendments to Decree No. 108/2014/ND-CP; Decree No. 143/2020/ND-CP dated December 10, 2020 of the Government on amendments to Decree No. 108/2014/ND-CP and Decree No. 113/2018/ND-CP; Decree No. 46/2010/ND-CP dated April 27, 2010 of the Government on resignation and retirement procedures for officials and other relevant regulations.
3. In addition to the benefits and policies specified in Clause 2 of this Article, on the basis of balancing the local budget, the People's Committee of Hanoi City submits to the People's Council of the same level for promulgation of policies to support the officials in wards subject to the settlement of benefits and policies specified in Clauses 1 and 2 of this Article.
4. In case the National Assembly has a resolution to terminate the pilot implementation, the employment, management, and benefits for the President, Vice President of wards and other officials in the pilot area shall comply with regulations and guidance of the competent authority.
Article 32. Making, enactment, and statement of budget estimates upon conversion of ward budget into budget estimate unit affiliated to the People's Committee of district or district-level town in 2021
1. The People's Committee of Hanoi City submits to the People's Council of the same level for decision on amendments to the delegated details of revenue sources, obligatory expenditures between budgets of districts, district-level towns and wards (from July 1, 2021 in consistency with the new urban government model of the city.
2. Enactment of budget estimates of district or district-level town or ward
a) Based on the reports of wards, the Division of Finance - Planning of district or district-level town shall consolidate the enactment of estimates of budget revenue and expenditure in the first half year of 2021 of all wards, and then to report to the People’s Committee of district or district-level town, and further to seek approval from the People’s Council of same level for adjustment to the budget estimates of the district or district-level town or ward in 2021:
The (adjusted) budget revenue and expenditure estimate of the district or district-level town in 2021 based on the revenue increase of the budget of district or district-level town or decrease of remaining revenue budget of the budget of the ward based on the delegation; raise the obligatory expenditures of the budget of district or district-level town and allocate obligatory expenditures to budget estimate units of wards according to the assigned tasks.
The (adjusted) budget revenue and expenditure estimate in 2021 allocated to the People's Committee of ward: The unrealized revenue estimate of the ward assigned from the begin of the year; the obligatory expenditure estimate of the budget estimate unit of ward affiliated to the budget of district or district-level town according to the assigned tasks; obligatory expenditures of administrative agencies, Party organizations, union organizations, public sector entities within the obligatory expenditures of the People’s Committee of ward allocated by the budget of district or district-level town to perform the socio-economic development tasks in the ward.
Prior to July 31, 2021, the People’s Committee of district or district-level town must complete the assignment of budget estimate to each People’s Committee of ward.
b) The People’s Committee of Hanoi City, the People's Committee of district or district-level town shall direct relevant agencies to do the accounting for the budget revenues and expenditures of budget estimate units of wards as of July 1, 2021 in accordance with the Law on State Budget
3. Statement of ward budgets from January 1, 2021 to June 30, 2021:
a) The People’s Committee of Hanoi City, the People's Committee of district or district-level town shall direct relevant agencies to do the accounting, including: Closing the accounting books to the end of June 30, 2021; doing asset inventory; determining unpaid debts; making financial statements; making handover minutes; handing over accounting documents and data; transferring budget surplus, the wage reform source to the budget of district or district-level town for management in accordance with the regulations on consolidation and merger in Article 45, Article 46 of the Accounting Law;
b) The People’s Committee of ward shall make a report on the statement of budget revenues and expenditures in the first half year of 2021 and send it to the Division of Finance and Planning of district or district-level town to review, to further report to the People’s Committee of district or district-level town, and then to seek approval from the People's Council of the same level.
Article 33. Implementation
1. The Ministry of Home Affairs has the following responsibilities:
a) Guide and inspect the pilot implementation of the urban administration model in Hanoi City specified in Resolution No. 97/2019/QH14 and this Decree;
b) Take charge and coordinate with the People's Committee of Hanoi City in submitting to the Government for reporting to the Standing Committee of the National Assembly and the National Assembly on preliminary review of the pilot urban administration model in Hanoi City.
2. The People's Council, the People's Committee of Hanoi City is responsible for the implementation of this Decree. The People's Committee of Hanoi City is responsible for:
a) Promulgating model working regulations of the People's Committees of wards;
b) Guiding the People's Committees of districts, district-level towns and wards to implement financial and budgetary regulations when piloting the organization of the urban administration model;
c) Reporting to the Ministry of Home Affairs to submit to the Government for consideration and decision on issues arising when piloting the urban administration model in Hanoi City.
3. Ministers, heads of ministerial-level agencies, heads of governmental agencies, President of People's Committee of Hanoi City and relevant agencies, organizations and individuals shall implement this Decree.
Tìm kiếm
Nghị định 32/2021/NĐ-CP hướng dẫn Nghị quyết 97/2019/QH14 ngày 27/11/2019 về thí điểm tổ chức mô hình chính quyền đô thị tại thành phố Hà Nội (Bản Pdf)
Nghị định 32/2021/NĐ-CP hướng dẫn Nghị quyết 97/2019/QH14 ngày 27/11/2019 về thí điểm tổ chức mô hình chính quyền đô thị tại thành phố Hà Nội (Bản Word)